High Court judge Eudes Kaitirima has ruled that the Nabweru chief magistrate Esther Nasambu acted beyond her jurisdiction when she issued an order directing the eviction of people residing on plot 55 Lusanja Kyadondo, Block 198
In his ruling read this morning by the Deputy Registrar High court Emokor Samuel, Justice Kaitirima made a finding that the trial magistrate didn’t take time to examine the value of the property that Medard Kiconco ordered to be demolished; and ended up demolishing assets beyond the value of structures the can be handled by this court regarding land matters.
Section 207 (a) of the Magistrates Court Act states that a chief magistrate shall have jurisdiction where value of dispute doesn’t exceed 50 million shillings
The High Court further ruled that the respondents (residents on land) were not properly served as required in the law because they were clearly known by Kiconco (plaintiff) but the service was passed through the Court LC1 chairperson who was not an agent to any of the respondents.
The High Court judge also ruled that the magistrate ought to have visited the disputed land, and only then would he have determined that number of people affected.
“In this particular case if the trial magistrate had visited the locus in quo it could have alerted the applicants in the matter that somebody had sued them in court and could have taken an appropriate action at this stage”
On whether the eviction was properly done, the judge has ruled that the whole process was a nullity since it was based on a decision from a court without competent jurisdiction
He thus ruled that the trial court judgement and execution process will be put aside and that any aggrieved party was advised to institute their suit in court of competent jurisdiction
The Lusanja eviction took place after Nabweru chief magistrate Ester Nassambu ruled in favour of businessman Medard Kiconco who had petitioned court seeking orders to evict people whom he accused of illegally constructing permanent structure on his land.